HSB 217 (LSB 2656YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON WHEELER)

A BILL FOR

An Act requiring school districts, charter schools, and innovation zone schools to adopt policies related to carrying out a reduction in force.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256E.7, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0r.  Be subject to and comply with the requirements of section 279.87 relating to the adoption and publication of a policy related to carrying out a reduction in force in the same manner as a school district.
    Sec. 2.  Section 256F.4, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0p.  Be subject to and comply with the requirements of section 279.87 relating to the adoption and publication of a policy related to carrying out a reduction in force in the same manner as a school district.
    Sec. 3.  NEW SECTION.  279.87  Reduction in force policies.
   1.  As used in this section:
   a.  “Administrative staff member” means a school district employee who does not hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners.
   b.  “Practitioner” means a school district employee who is an administrator, teacher, or other professional licensed by the board of educational examiners, including an individual who holds a statement of professional recognition, who provides educational assistance to students.
   c.  “Practitioner performance” means an assessment of the quality of the practitioner that is measured using factors that include all of the following:
   (1)  Student academic performance.
   (2)  Student growth measures.
   (3)  Performance evaluations.
   d.  “Reduction in force” means the termination of a practitioner’s employment due to economic reasons that include any of the following:
   (1)  Decreased funding.
   (2)  Decreased enrollment, including enrollment in a particular program, grade, or attendance center.
   (3)  The closure or reorganization of schools in the school district.
   2.  The board of directors of each school district shall adopt a policy related to carrying out a reduction in force and publish the policy on the school district’s internet site within ten days after adoption. The policy must satisfy all of the following requirements:
   a.  Require the board of directors of the school district to consider whether to terminate the employment of administrative staff members prior to carrying out a reduction in force.
   b.  Require the board of directors of the school district to use practitioner performance as the sole factor or a primary factor when carrying out a reduction in force.
   c.  Identify the factor or factors that are used to measure practitioner performance for purposes of carrying out a reduction in force, and the weight the board of directors of the school district assigns to each factor, if more than one factor is used.
   d.  Prohibit the board of directors of the school district from using a practitioner’s seniority or tenure as the sole factor or a primary factor when carrying out a reduction in force.
   e.  Include a timeline for notifying practitioners who may be affected by a reduction in force and practitioners whose employment has been terminated due to a reduction in force.
   f.  Include a description of any grievance procedures available to a practitioner whose employment is terminated due to a reduction in force, including any rights available to the practitioner under sections 279.15, 279.16, 279.18, 279.24, 279.25, and 279.27, as applicable.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires school districts, charter schools, and innovation zone schools to adopt policies related to carrying out a reduction in force.
   The bill defines “administrative staff member” as a school employee who does not hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners (BOEE). The bill defines “practitioner” as a school employee who is an administrator, teacher, or other professional licensed by the BOEE who provides educational assistance to students. The bill also defines “practitioner performance” as an assessment of the quality of the practitioner that is measured using factors that include student academic performance, student growth measures, and performance evaluations. Additionally, the bill defines “reduction in force” as the termination of a practitioner’s employment due to economic reasons that include decreased funding, decreased enrollment, and the closure or reorganization of schools in the school system.
   The bill requires schools to adopt a policy related to carrying out a reduction in force and publish the policy on the school’s internet site within 10 days after adoption. The policy must require the school to consider whether to terminate the employment of administrative staff members prior to carrying out a reduction in force. The policy must also require the school to use practitioner performance as the sole factor or a primary factor when carrying out a reduction in force. Additionally, the policy must identify the factor or factors that are used to measure practitioner performance for purposes of carrying out a reduction in force. The policy must prohibit the school from using a practitioner’s seniority or tenure as the sole factor or a primary factor when carrying out a reduction in force. Also, the policy must include a timeline for notifying practitioners who may be affected by a reduction in force and practitioners whose employment has been terminated due to a reduction in force. Finally, the policy must include a description of any grievance procedures available to a practitioner whose employment is terminated due to a reduction in force.